For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
"Auction," "public auction," and "auction sale"
mean and include a sale or offering for sale of any article of personal property to the highest bidder in any building, or in any other place where any and all persons who choose are permitted to attend and offer bids. The terms "auction," "public auction," and "auction sale" also include a sale in which, instead of the bidders making increasingly higher bids for an article or articles of merchandise, the seller or auctioneer announces a price at which he will sell one or more articles of merchandise and then if no sale occurs increasingly adds additional articles of merchandise to those originally offered with or without varying the previously announced price until a buyer is finally induced to buy the accumulated articles at the price fixed.
"Merchandising by public outcry"
means and includes, without limiting the generality of the term, selling, exposing for sale, offering for sale, or soliciting purchasers by means of audible solicitation addressed collectively to a group of three or more persons, which group has been assembled for the purpose of merchandising any personal property.
"Person"
means and includes any natural person, firm, company, corporation, partnership, trust or association of persons.
(Prior code § 4-12.101; Ord. 931 § 1, 1961)
The provisions of this chapter shall not apply to any auction held or conducted by any public officer or officer of any court under the provisions of any law of the United States or state of California, or any ordinance of the city of Sunnyvale.
(Prior code § 4-12.102; Ord. 931 § 1, 1961)
It is unlawful for any auctioneer, or person conducting an auction, public auction, or auction sale, or sale by public outcry, or its agents, servants, or employees, to use a searchlight or similar light, loudspeaker or sound amplifier or similar instrument, or to solicit or permit the soliciting by music, singing or loud or unusual noises to be made or done for the purpose of attracting the public to an auction sale, or sale by public outcry.
(Prior code § 4-12.103; Ord. 931 § 1, 1961)
It is unlawful for any auctioneer, or person conducting an auction, public auction, or auction sale, or sale by public outcry, or its agents, servants, or employees to ring a bell or cause or permit the same to be rung in or about the front of the premises, or in any place on or near the premises the same may be heard on the public street or sidewalk in front of the premises where there is conducted an auction, public auction, or auction sale, or sale by public outcry, before, after, or during such sale for the purpose of attracting the public to such auction sale.
(Prior code 4-12.104; Ord. 931 § 1, 1961)
It is unlawful for any person acting as auctioneer to make any statements which are false in any particular, or which have a tendency to mislead any person present, or to make any misrepresentation whatsoever with reference to any article of personal property sold or offered for sale at public auction.
(Prior code § 4-12.105; Ord. 931 § 1, 1961)
It is unlawful for any person to make or offer, or cause or induce anyone else to make or offer, a false bid or any other than a bona fide bid at an auction, public auction, or auction sale.
(Prior code § 4-12.106; Ord. 931 § 1, 1961)
It is unlawful for any auctioneer or for any person conducting an auction, public auction, or auction sale, to use any person as a false bidder for the purpose of increasing the price of any article offered for sale at such auction.
(Prior code § 4-12.107; Ord. 931 § 1, 1961)
It is unlawful for any person to act, or cause or induce anyone else to act, as a by-bidder or what is commonly known as a "capper," or "booster," or "shiller" at any auction or place where any auction shall take place, or to offer to make any false bid or to offer any false bid to buy, or pretend to buy, any article of personal property sold or offered for sale at any auction.
(Prior code § 4-12.108; Ord. 931 § 1, 1961)
No person either as principal or agent shall engage in the business of, or advertise or offer or expose for sale, or sell or dispose of, or cause or permit to be advertised, or offered or exposed for sale, sold or disposed of, any article or articles of personal property at auction, public auction, auction sale, or by public outcry in the city of Sunnyvale, without first having obtained a permit to do so and otherwise having complied with the requirements of this code and the provisions of this chapter.
(Prior code § 4-12.201; Ord. 931 § 1, 1961)
The permit shall be issued for a period of one year upon payment of a permit fee and upon compliance with the conditions contained herein. No permit issued hereunder shall be transferable by operation of law, or otherwise. Fees required to be paid for any permit issued under this chapter shall be in addition to any fee required to be paid under Chapter 5.04 of this title, and shall be fixed by resolution of the city council.
(Prior code § 4-12.202; Ord. 931 § 1, 1961)
(a) 
An application for a permit shall be filed with the director of the department of finance, who shall cause an investigation to be made concerning it. The application shall be signed and verified by the applicant and shall specify his name, business address, residence address, and the numbers of any telephones maintained by him, the location of his last place of business, the name and character of said business, and the length of time he was engaged therein, and such other information as shall be deemed necessary by the director of the department of finance and the city manager.
(b) 
The application must be accompanied by a surety bond, the form of which shall be approved by the city attorney and the penal sum of which must be two thousand five hundred dollars. The condition of each bond must be substantially such that the principal therein named will faithfully conform to each and all of the provisions of this code, and to each and all of the laws of the state of California, whether then in force, or which may thereafter be adopted, relating to the business of the applicant. The principal and sureties named in the bond, bound unto the city of Sunnyvale, and unto any person, firm or corporation, aggrieved or damaged by the breach of the conditions of the bond. The bond shall indemnify any purchaser at any public auction or sale by public outcry who suffers any loss by reason of any misrepresentations or deception made or practiced by the principal therein named, his agents, servants or employees, either at the time of making the sale or through any advertisement of any character whatsoever printed or circulated by the principal, his agents, servants or employees, and shall contain the further provisions that it inures to the benefit of any and all persons who may be damaged by reason of any failure on the part of the person or persons named therein to comply with the provisions of the bond, and that any person or persons so damaged may maintain an action thereon against the person or persons named in the bond, and the surety or sureties upon the bond. The bond shall not be void upon the first recovery, but may be sued and recovered upon, from time to time, by any person, firm or corporation aggrieved or damaged until the whole penalty is exhausted. In the event that the total liability of the sureties upon such bond falls below two thousand five hundred dollars, the applicant shall furnish an additional bond to keep the liability at the minimum of two thousand five hundred dollars.
(c) 
The director of the department of finance shall report the results of his investigation and his recommendation upon the application to the city manager for approval prior to the issuance of a permit.
(d) 
The director of the department of finance shall issue a permit only after he has determined that the contents of the application are true, that the applicant is a fit and proper person to carry on the business for which the permit application is made, and that the applicant has complied with this code and the laws of the state of California.
(Prior code § 4-12.203; Ord. 931 § 1, 1961)
(a) 
A permit issued under the provisions of this chapter may be revoked by the director of the department of finance with the approval of the city manager, if the holder thereof conducts or carries on his business in an unlawful manner, or causes or permits fraudulent practices or abuses, or fails to comply with the provisions of this chapter, or fails to pay within thirty days after the same has become final, any judgment against the holder of the permit arising out of the misrepresentation of any sale whether by auction or by public outcry, or out of any fraud committed in connection with any such sale, or if the holder is guilty of any other conduct, whether of the same or different character hereinabove specified, which constitutes fraud or dishonest dealing or the commission of fraudulent or dishonest practices, or if the holder conducts his business in a manner detrimental to the safety and general welfare of the people of the city of Sunnyvale.
(b) 
Prior to any such revocation the holder of the permit shall be given notice of the proposed action, and shall be given an opportunity to be heard. If, within five days after such notice of proposed action has been given to the holder, he requests a hearing on the proposed revocation, a public hearing shall be held within thirty days after such request, upon ten days' notice to all interested parties. The director of the department of finance shall conduct the hearing, and if, as a result thereof, such permit is ordered revoked, the holder shall have the right, within five days after such order, to appeal such action to the city council. The appeal shall be made by filing with the city clerk, within the five day period, a written notice of appeal, which notice shall specify with particularity the grounds upon which the appeal is made. The city council shall hear the appeal at its next succeeding regular or adjourned regular meeting held not less than ten days after the filing of such appeal, and the decision of the city council shall be final.
(c) 
All notices required to be given by the provisions of this chapter shall be served upon the holder of the permit by delivering the same to such permittee, the manager or agent thereof, or to a person in charge of, or employed in the place of business of such permittee; or, if such permittee has no such place of business, then at the place of residence of such permittee if known or by leaving such notice at either the place of business or the residence of such permittee. In the event the permittee cannot be found and the service of such notice cannot be made in the manner provided herein, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such permittee at the place of business or residence set forth in such permit or the application thereof.
(Prior code § 4-12.204; Ord. 931 § 1, 1961)
Application for the renewal of any permit required under the provisions of this chapter shall be made to the director of the department of finance upon forms provided by the department of finance. The application shall be made not less than ten days prior to the expiration of the current permit. If such application for the renewal of the permit is not made within the time specified, the original permit shall be null and void. In such case the procedure set forth in this chapter for obtaining original permits shall then be required.
(Prior code § 4-12.205; Ord. 931 § 1, 1961)
It is unlawful for any person to engage in the business of or to conduct an auction, public auction or auction sale or sale by public outcry as defined in this chapter after his permit to do so shall have been revoked, or shall have expired in the absence of any renewal thereof.
(Prior code § 4-12.206; Ord. 931 § 1, 1961)